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we live in a condo building with many units. a few days ago one of the unit's (above us) water pipe burst causing massive water damage to our unit as well hers and a few other units in our building. we put in a claim to our insurance company but they refuse to help at all basing it on the fact that an earthquake had occurred prior to the incident. what can we do?

Asked on 8/29/11, 10:22 am

1 Answer from Attorneys

You first need to determine who is legally responsible for the burst pipe, i.e.,

the condo association or the owner of the unit above you. If the pipe is considered part of the common elements of the building, the association should be responsible; otherwise the owner of the unit should be liable and you may have to sue one or the other to recover your damages.

However, notwithstanding all of the above, there is also the possibility that if the burst pipe is in fact determined to have been caused by the recent earthquake in Mineral, Virginia, that it may be classifiable as an act of God for which no one can be deemed legally responsible.